Mich. Admin. Code R. 420.801 - Definitions
Rule 1.
(1) As used
in these rules:
(a) "Acts" refers to the
medical marihuana facilities licensing act, 2016 PA 281, MCL 333.27101 to
333.27801, and the Michigan Regulation and Taxation of Marihuana Act, 2018 IL
1, MCL 333.27951 to 333.27967, when applicable.
(b) "Administrative hold" means a status
given to marihuana product by the agency during an investigation into alleged
violations of the acts and these rules. This status includes no sale or
transfer of the marihuana product until the hold is lifted.
(c) "Administrative procedures act" means the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.
(d) "Agency" means the
marijuana regulatory agency.
(e)
"Another party" or "other party" means an individual or company with which a
licensee contracts to use the individual or company's intellectual property or
to utilize management or other services provided by the individual or
company.
(f) "Bureau of fire
services" or "BFS" means the bureau of fire services in the department of
licensing and regulatory affairs.
(g) "Contested case hearing" means an
administrative hearing conducted by an administrative law judge within the
Michigan office of administrative hearings and rules on behalf of the agency
pursuant to the acts and these rules.
(h) "Employee" means a person performing work
or service for compensation. "Employee" does not include a person providing
trade or professional services who is not normally engaged in the operation of
a marihuana business.
(i)
"Licensing agreement" means any understanding or contract concerning the
licensing of intellectual property related to marihuana products between a
licensee and another party.
(j)
"Management agreement" means any understanding or contract between a licensee
and another party for the provision of management or other services that would
allow the other party to exercise control over or participate in the management
of the licensee or to receive more than 10% of the gross or net profit from the
licensee during any full or partial calendar or fiscal year. A management
agreement does not include an agreement for the reasonable payment of rent on a
fixed basis under a bona fide lease or rental obligation unless the person
exercises control over or participates in the management of the marihuana
business.
(k) "Marihuana business"
means both a marihuana facility under the medical marihuana facilities
licensing act, or a marihuana establishment under the Michigan Regulation and
Taxation of Marihuana Act, or both.
(l) "Marihuana business location plan" means
a marihuana facility plan under the medical marihuana facilities licensing act
or a marihuana establishment plan under the Michigan Regulation and Taxation of
Marihuana Act, or both.
(m)
"Marihuana license" means a state operating license issued under the medical
marihuana facilities licensing act or a state license issued under the Michigan
Regulation and Taxation of Marihuana Act, or both.
(n) "Marihuana tracking act" means the
marihuana tracking act, 2016 PA 282, MCL 333.27901 to 333.27904.
(o) "Medical marihuana facilities licensing
act" or "MMFLA" means the medical marihuana facilities licensing act, 2016 PA
281, MCL 333.27101 to 333.27801.
(p) "Michigan Medical Marihuana Act" means
the Michigan Medical Marihuana Act, 2008 IL 1, MCL 333.26421 to
333.26430.
(q) "Michigan Regulation
and Taxation of Marihuana Act" or "MRTMA" means the Michigan Regulation and
Taxation of Marihuana Act, 2018 IL 1, MCL 333.27951 to 333.27967.
(r) "Parties" means a licensee and another
party pursuant to a licensing agreement or management agreement.
(s) "These rules" means the administrative
rules promulgated by the agency under the authority of the medical marihuana
facilities licensing act, the marihuana tracking act, the Michigan Regulation
and Taxation of Marihuana Act, and Executive Reorganization Order No. 2019-2,
MCL 333.27001.
(2) Terms
defined in the acts have the same meanings when used in these rules unless
otherwise indicated.
Notes
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No prior version found.